Caveat as always.

Public Service Act, Sec. 14: (from LawPhil)

Section 14. The following are exempted from the provisions of the preceding section:

(a) Warehouses;

(b) Vehicles drawn by animals and bancas moved by oar or sail, and tugboats and lighters;

(c) Airships within the Philippines except as regards the fixing of their maximum rates on freight
and passengers;

(d) Radio companies except with respect to the fixing of rates;

(e) Public services owned or operated by any instrumentality of the National Government or by
any government-owned or controlled corporation, except with respect to the fixing of rates. (As
amended by Com. Act 454, RA No. 2031, and RA No. 2677)

Presidential Decree No. 666, Sec. 1(d)

Shipbuilding and ship repair yards duly registered with the Maritime Industry Authority shall be entitled to
the following incentive benefits:

xxx

d) Registration required but not as Public Utility. The business of constructing and repairing
vessels or parts thereof shall not be considered a public utility and no Certificate of Public
Convenience shall be required therefor. However, no shipyard, graving dock, marine railways or
marine repair shop and no person or enterprise shall engage in the construction and/or repair of
any vessel, or any phase or part thereof, without a valid Certificate of Registration and license for
this purpose from the Maritime Industry Authority, except those owned or operated by the Armed
Forces of the Philippines or by foreign governments pursuant to a treaty or agreement.

Republic Act No. 9136, Secs. 6 and 29

SEC. 6. Generation Sector. – Generation of electric power, a business affected with public interest, shall
be competitive and open.

Upon the effectivity of this Act, any new generation company shall, before it operates, secure from the
Energy Regulatory Commission (ERC) a certificate of compliance pursuant to the standards set forth in
this Act, as well as health, safety and environmental clearances from the appropriate government
agencies under existing laws.

Any law to the contrary notwithstanding, power generation shall not be considered a public utility
operation. For this purpose, any person or entity engaged or which shall engage in power generation and
supply of electricity shall not be required to secure a national franchise.

Upon implementation of retail competition and open access, the prices charged by a generation company
for the supply of electricity shall not be subject to regulation by the ERC except as otherwise provided in
this Act.

Pursuant to the objective of lowering electricity rates to end-users, sales of generated power by
generation companies shall be value added tax zero-rated.
SEC. 29. Supply Sector. – The supply sector is a business affected with public interest. Except for
distribution utilities and electric cooperatives with respect to their existing franchise areas, all suppliers of
electricity to the contestable market shall require a license from the ERC.

For this purpose, the ERC shall promulgate rules and regulations prescribing the qualifications of
electricity suppliers which shall include, among other requirements, a demonstration of their technical
capability, financial capability, and creditworthiness: Provided, That the ERC shall have authority to
require electricity suppliers to furnish a bond or other evidence of the ability of a supplier to withstand
market disturbances or other events that may increase the cost of providing service.

Any law to the contrary notwithstanding, supply of electricity to the contestable market shall not be
considered a public utility operation. For this purpose, any person or entity which shall engage in the
supply of electricity to the contestable market shall not be required to secure a national franchise.

The prices to be charged by suppliers for the supply of electricity to the contestable market shall not be
subject to regulation by the ERC.

Electricity suppliers shall be subject to the rules and regulations concerning abuse of market power,
cartelization, and other anti-competitive or discriminatory behavior to be promulgated by the ERC.

In its billings to end-users, every supplier shall identify and segregate the components of its supplier’s
charge, as defined herein.

The ERC shall, in determining the existence of market power abuse or anti-competitive behavior, require
from generation companies the submission of their financial statements.

Department of Transportation, DO 2018-013, Preamble and Section 3

See file in folder.